PBM Group Asks 8th Circ. To Revive ND Preemption Row

By Adam Lidgett (July 26, 2021, 7:14 PM EDT) -- The lobbying group for the industry that negotiates with pharmacies on health insurers' behalf has urged the Eighth Circuit to revive its since-vacated decision to strike down a North Dakota law regulating this sector.

The Pharmaceutical Care Management Association on Friday filed a reply brief at the appellate court arguing that sections 16.1 and 16.2 of the North Dakota Century Code are preemtpted by the Employee Retirement Income Security Act.

The state "barely acknowledges the substance of" arguments that ERISA preempts parts of those sections, the PCMA said. For one thing, the state has tried to argue that a state law...

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